20041950 Ver 1_COMPLETE FILE_20041207

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 16, 2004
John Morris
6603 Kilberry Lane
Charlotte, NC 28277
Subject Property:
Misty Waters Subdivision, Lot# 37
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Morris
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1950
Gaston County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.034 acres of waters and 500 feet of shoreline for the purpose of installing rip
rap at the subject property, as described within your application dated December 15, 2004 and received by
the N.C. Division of Water Quality (DWQ) on December 7, 2004. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s) 3373
(GC3373). The Certification(s) allows you to use General Permit Number 198200030 when issued by the
US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Shoreline 500 (feet)
Waters 0.034 (acres)
Buffers n/a (square ft.)
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.no.us/nowetlands
Noce hCarolina
Aawally
An PnnnI rlnnnrinnihdAffirmafnrn Aniinn Gmnlnvor - RI)O/ PomirloriHfW/_ Pnel Rnneii mar Pn nor
John Morris
Page 2 of 3
December 16, 2004
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
John Morris
Page 3 of 3
December 16, 2004
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Alan Johnson in the DWQ Mooresville Regional Office at 704-663-1699.
Sincerely,
4r? Alan W. Klimek, P.E.
;f
AWK/bs
Enclosures: GC 3373
Certificate of Completion
cc: Charlie McEwen, Lakeside Marine Construction, 2785 Lake Front Drive, Belmont, NC 28012
USACE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
DLR Mooresville Regional Office
File Copy
Central Files
Filename: 04-1950 John Morris (Gaston) 401
i
FROM :MCEWEN DEVELOPMENT LLC FAX NO. :7848299441 Dec. 15 2804 12:OOPM P1
DEC-15-2004 10:55 FP01(1;[flG-WE7LAr;V_- 91)7_336893 -0:91784GL99441 P; 1'4
Ilk"
The tollavdng is all, ahbrevirted application form for those applying ,for a 401 Water
Quality C"t tication to impact fK9C (Frd¢ral Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GWO. This Application cannot be used for wetiand or stream impacts, Please
provide seven (7) copies of this application and svpporting information as well as a
non-refundable application fee to the DMsiou of Water Quality of $2 00&9 ror
impacts pf to lake bottom of less than I acre and $475.00 for Impacts to A e bottom
of grwtWr or equal to 1 acre.
Applications should be seat to. D 9 @ r 9W
]DIvision of Water Quality Wetlands Unit
1654 Mail Service Center
Raleigh, NC 27699-1650 DEC 1 5 2004
yS AND ST EORMMAIERI/BR?N y
1. Applicant Information
1. Owrier APPliewit Infonnatien
Name;
Mailing Address:
t~ In CA i'/o ? i .lJ L ? 8 .'t 7 '7
{T+elephone Number: 70.5[-.., $'- ?7cS Fax 14urrtber:
2. Agent Information. (A signed and dated copy of the Agent Authorization, letter
must be attached if the Agent has signatory authority fir the owner/app) icant:)
Name; -Cob ' -La" _ 14'4.-_ L'c •-t --- _?
Company Affiliation,, LQ jis t A4 v s_-G.a .JX2e ? c---io
Mailing Address: 8S" !?ahl! pr_
Telephone Number: y " x' 77 - 5.2 53 Fax Ntnnlser;
E-mail Address
H.. Project Information
Attach a vicinity map clearly showing the location of the property with respa-t to
local last nwka such as lowi?b, rivers, and roads. Also provide 8 detailed site
plan showing property boumlaries and development plans in relation to
surrounding properues. You may use the diagram below to make a hwid sketch of
DEC-15-2884 WED 11:35 TEL: [phone] NAME:DWO-WETLANDS P

FROM :MCEWEN DEVELOPMENT LLC FAX NO. :7048299441 Der:. 15 2004 12:OOPM P2
DEC-15-2204 10:56 FROM: NG-WETLANDS 919733E853 '71:917048299441 P:2,14
your projept. Also, see the example below for guidance, Both the vicinity map smd
site plan must include it scale and north arrow. The footprints of all huildirtgs,
irrgxrvious surfaces, of otlhor facilities must be included.
1. ,?.acatian
County: ?0. s b r. Nearest Town: R -v- "r
Subdivision name or site address (tuclude phaWlet number): M i wo,, f e,- Zo'f *37
Directions to site plowe include road numbers, landmu ks, etc. ('This is not
necessary if an adoquate vicinity map is included):_
2. Describe the existing land use or condition of the site at the time of this
_
application: 0&e -f LOT
3, 1Propett?y size (=05):- /. s ,Y
4. Ncarast body of water (stream/rivet/soundlocenn/lake): 4tre_ to 3. Describe the purpose of the proposed work: S b r 1; z_Q s?,n ?e /; .o e, 6, List the type of cquipt7testt to be used to construct the project,_ -

7. Amount of impact (including all excavation, back-1511, rip xap, xewining walls,
7.
etc.) below the normal pool lake lovel in square feet or acres: ,L 4GQ .sue Ft
8, a. Amount of imP.at. (inchIding All rlearinp- harlk fill, excawltion, rip MP,
retaining wallr3, etc.) above the normal pool lttlcc level and 56 feet hand-ward in
sgtxttt C feet or acres: f .. S"D. S4 --
b- Please desczibc vegetation above the normal pool lake 1evc1 and 50 feet land-
ward to be impacted (number of tress for instanre)*P"Trk e_ 5 cl __
/O 1 n?x,ec a bra No tec eS w r t c r? ., ovd
Applicant/Agent's Signatare Tate
(AMCs signature is valid only if an authorization 100 from time applicant is pmvided.)
DEC-15-2004 WED 11:36 TEL:[phone]e93 NAME:DWQ-WETLANDS P. 2
A.
FROM :MCEWEN DEVELOPMENT LLC FAY, NO. :7048299441 Dec. 15 2004 12:01PM P3
CEC-15-2249 10:FS FROM•DWC-WETf_P4DS 9197316F393 70:917048299441 P.3/4
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above- P? 11 fd&A
Plus-e aWaxjmd * *etch the folwAv irr ormeftn cm Ns ;pim
"we p "mW Awntli+oMns W each IMM, SUM as 40 !t. x 110 ft):
1) An pmposeed veykafl on et@Mng (proWde dinrensrarrs)
.2) I .code erg dp rap ew fill to be plated abow the FW Pond movoian
3) laaaatim of f1p tap of fill to to placed below the Fail Pand slaeeWan
4) TM budian of moy ;proposed sbuctwes soh, ae 3a k@ng% reeolning
WWIal dads, ems.
6) The Iecatlon. of wW eve rre ion or *iduing below P*nd
eleaation.
4) tom of conatnrafiort,xwes* earAders,
DEC-15-2004 WED 11:36 TEL:[phone] NRME:DWQ-WETLANDS P. 3
q
NC Division of Water Quality
Parkview Bldg.
2321 Crabtree Blvd.
Raleigh, NC 27604
Charlie McEwen
Lakeside Marine Construction
2785 Lake Front Dr.
Belmont, NC 28012
To Whom It May Concern:
F I Lr cPr
Office: 704-877-5253
Cell: 704-400-3523
Fax: [phone]
"r 0
041960
If you would please fax the approval letter to Lakeside Marine Construction at
704-829-9441 then I can get it into Duke Power hands, I would really appreciate it.
Army Corp of Engineers has already sent me their approval letter and Duke Power
(Kelvin Reagan) has that information and looked at the job. He said as soon as I get your
approval letter I could start immediately, which I really need to do.
If you need anything from me please don't hesitate to call me at 704-877-LAKE(5253).
I would really appreciate if you could get this approval letter to me as soon as possible.
I am sorry if I am being pushy but I am holding up the builder to start on the house.
Thank-you
Sincerely yours,
ff*? - //"/ a) -, ? g-- - ,
Charlie McEwen
PAYMENT P@110 I WR 0
RECEIVED DEC 0 7 2004
DENR - WATER QUALITY
WEIIANDS AND STM WATER BRANCH
I FR)M : CHARLIE MCEWFN
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7kldR64441 Nu g. 04 2004 09: 46 M P4
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?r•t??yw+ Ak"ka. !'wake. PIOPW .E
lam/ \R +• I?
or, MAMM
iLocadm lWigN
item t11
• Budd A" wall. w" Op of 5' hiei+ and 504' MS.
• Use eX IW* dirt 00 pmp mty to fM in eraiva and We& abweliaa,
• YnetaU ?ut?d artier
• Place •Dpeo 160 tea riprap rock.
P •
• Duke Pmw p in
._..- k?.3? i?• ur?r+i w1?r Nwew?M b w? jib +ia.+biil M iM
Aa wolmw* ar F"*/
The Oft NIw. qodftmim "d "0"1" an ? +rri aea MraUi eaa/ad. LOMI/?
Maxi= C it awkwind a do do w" ae aped"
G1 '7Y}?,,?,?---- DONst M•.>lom
NOO 22 2004 11:88 AM FR DF LAKE MANAGEMEtvT4 382 8514 TO 97048299441 P.02i18
DUKE POWER LAKE MANAGEMRNT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201.1006
704.382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT" TO STABILIZE THE SHORELINE IN NORTH CAROLIN6
Please type or print and fill in all bl ub. If information is not applicable, so indicate by placing NIA in black PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO
ABOVE ADDRIF!".
L
Appli=nt Information
A. Name ?1 Moro-;S
H. Mailing Address 66 d 3 ki.l A a r c g lane-
C. .
Telephoaa: :Z 0 14 - f 4 9 7 7 oS
11. Location of Proposed Project
A_ Lake iie,
8. Street Address _ ?.? c
C. County
D. City, town, community or landmark r" am
E. Section- Lot N „:z_ Subdivision
F, Directions to property by road ?'>_? f T
t
4. Latitude and Imgitude for the project site
H. Please submit a map showing the coordinates or a detailed map (USOS quad map, city map, ft.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found u,- ioaer^. '
)==sk raonuLQ*m. Directions: Don't register, click "Maps", enter address, draw map, seicet "Map
Clicking Will... ", select "Lat/Long", click map)
111. Doserlptiion of Project
A. Length of wallSOO
H. Material
C. Distance from property tishmIlhne
IV. lutesided Use of Project Area
? .._.
A. Prlvate :E 1 ! 1'11
B. Commercial
V. Applicant Signature
Date- 1 2?
Y
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE. PROPERTY
MUST BE SUBMITTED TO: USALWY COAX OF ENGINEERS, 151 PATTONAVt -ROOM 208,
ASHEPTUS, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORT14
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE vIVISION OF WA'rER
QUALITY APPLICATION FEE TO:
NCDIVISION'OF WATER QUALffY
A77ENTIONr J0HND01tNEY
PARKVIEW BLDG., "21 CRABTREE BLVD.
RAL.F[OR, NC 27608
919-733-1786

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Lot#37
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1dtAtti N,AIe.. Switchboard, use subject to LICENSE